PLEASE PAY CLOSE ATTENTION TO THE FOLLOWING TERMS, AS THEY CONTAIN INFORMATION ABOUT YOUR LEGAL RIGHTS, SOLUTIONS, AND OBLIGATION. BY SIGNING THIS AGREEMENT, YOU AGREE TO SETTLE ANY DISPUTES WITH US THROUGH ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF GOING TO COURT OR JOINING A CLASS ACTION. ALSO, SUBSCRIBE TO KUYELS AND PAY WITH A CREDIT OR DEBIT CARD (OR ANOTHER PAYMENT METHOD THAT AUTOMATICALLY RENEWS). YOUR SUBSCRIPTION WILL KEEP RENEWING FOR CERTAIN PERIODS UNLESS YOU CANCEL IT. YOU CAN FIND MORE DETAILS ABOUT THE RENEWAL TERMS FOR SUBSCRIPTIONS IN POINT 5.2.
Kuyels is licensed to you (End User) by Kuyels.com, located and registered at 9 Shamrock Court, Appleton, Wisconsin 54914, United Statess ("Licensor"), for use only under the terms of this License Agreement. ("Kuyels") the operator of Kuyels.com (including all subdomains), and all other products, services, and applications available in addition to that (collectively, the "Services") and You ("User") who may access and use the Services and technology thereon only according to the following terms and conditions.
By downloading or using the Licensed Application from Apple's software distribution platform ("App Store"), Google's software distribution platform ("Play Store"), web application, and any updates thereof (as permitted by this License Agreement), You indicate that You READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by all the terms and conditions of this license agreement and that you accept this license agreement. This License Agreement refers to the App Store, Play Store, and all the websites as "Services." Should User NOT accept these terms and conditions, User must neither access nor otherwise use any part of the Services, content, or information available. To the extent permitted by law, Kuyels may amend this Agreement at any time and from time to time by posting a version of this Agreement to https://Kuyels.com/terms. Kuyels will notify User on its website and/or via email that amended terms have been posted. User agrees that its continued use of the Services constitutes an acceptance of such amendments. User shall have the opportunity to refuse said amendments solely by ceasing access to and utilization of the Services.
The parties to this License Agreement acknowledge that the Services are not parties to this Agreement and are not bound by any provision or obligation concerning the Licensed Application, such as warranty, liability, maintenance, and support of this one. Kuyels, not Services, is solely responsible for the Licensed Application and its content.
This License Agreement may not provide usage rules for the Licensed Application that conflict with the latest Apple Media Services Terms and Conditions, Google Play Terms of Service, and any other plate form ("Usage Rules"). Kuyels acknowledges that it has had the opportunity to review the Rules of Use and that this License Agreement does not conflict with them.
Kuyels, when purchased or downloaded through the Services, is licensed to you for use only under the terms of this License Agreement. Licensor reserves all rights not expressly granted to You. Kuyels should be used on devices that run the Apple operating systems ("iOS" and "Mac OS"), the Google operating system ("Android"), and Microsoft Windows.
User shall be solely responsible for the security, confidentiality, and integrity of all content that User receives, transmits through, or stores via the Services or on any computer, mobile device, or related equipment used to access the Services.
You can only access and use the Services if you are an adult in your state or province. You confirm that you are 18 or older when you access and use the Services. If you are a minor, you must be emancipated or have permission from your parents or guardians. You also confirm that you are at least 13 years old, with no exceptions. If you are younger than 13, you cannot access or use the Services."
How does Kuyels make money?
For the Web App, we offer three days of free products and two paid product opportunities, of which "Primo" is a paid service. During the free trial, you will benefit from the same functionality as the Primo paid version, with no credit card required. After three days of free service, all the features will be disabled. Users can choose any plan (monthly or annual) from the "Primo version." After selecting any plan, you automatically enroll in an auto-renewal plan.
For the Mobile App, we offer three days of free products and two paid product opportunities, of which "Primo" is a paid service. You benefit from the same functionality as the Primo paid version during the free trial. After three days of free service, you automatically switch to a Primo paid version (monthly or annual), which you chose at the start of your registration. At the same time, you also have the right to cancel your subscription before it becomes a paid service.
WE EARN MONEY FROM SUBSCRIPTIONS TO PAID PRODUCTS. THEREFORE, WE DO NOT SELL THE DATA YOU PROVIDE.
1.1 This License will also govern any updates to the Licensed Application provided by the Licensor that replaces, repair, and/or supplement the first Licensed Application unless a separate license is provided for such update, in which case the terms of this new License will control.
1.2 You may not reverse engineer, translate, disassemble, integrate, decompile, delete, modify, combine, create derivative works or updates, adapt or attempt to derive the source code of the Licensed Application, or any part of this (except with Kuyels written consent
1.3 The Licensor reserves the right to modify the terms and conditions of the License.
1.4 Nothing in this License shall be construed as restricting any third-party terms. You must comply with any third-party terms and conditions when using the Licensed Application.
Users may be asked to register an account to use certain features of the Services. User agrees:
Suppose Kuyels has reasonable grounds to suspect that User Information is untrue, inaccurate, not current, or incomplete. In that case, Kuyels may suspend or terminate User's access to and use of the Services (or any portion thereof). User is solely and fully responsible for maintaining the confidentiality of its username password ("Credentials") and is solely and fully responsible for all activities that occur under its Credentials.
User agrees to:
4.1 The licensed Application requires firmware version 1.0.0 or higher. Licensor recommends using the latest firmware version.
4.2 The Licensor attempts to keep the Licensed Application up to date to comply with modified/new versions of firmware and new hardware. You are not authorized to request such an update.
4.3 You acknowledge that it is your responsibility to confirm and determine that the end-user device of the Application on which you intend to use the Licensed Application meets the technical specifications mentioned below.
4.4 The Licensor reserves the right to modify the technical specifications at any time as it sees fit.
When you buy a "Primo" version of Kuyels's services that costs money ("Paid Services"), you let Kuyels and its chosen payment processors keep your payment information and other related information. You also agree to pay the fees for the Paid Services (including the fees for ongoing subscriptions) (the "Subscription Fees") when they are due, along with any taxes (including sales and use taxes, duties, or other government taxes or fees), and to pay back Kuyels for any costs and interest for any late payments. You cannot get a refund or a credit for any Paid Services that you have already used (including part of a subscription period) unless:
You may have to pay the fees for the Paid Services before and after you use them, depending on how much you use them or in another way that Kuyels tells you when you first buy them. Kuyels can change the prices for the Paid Services at any time without telling you unless point 5 says something different.
5.1 Payment Method.
Kuyels may occasionally offer various payment methods, including, without limitation, Payment by credit card, debit card, or certain payment providers. User authorizes Kuyels to charge User for Paid Services through any payment method(s) User selects when purchasing the Paid Services (the "Payment Method"), and User agrees to make Payment using such Payment Method(s) (Kuyels may, from time to time, receive and use updated payment method information provided by User or that financial institutions or payment processors may provide to Kuyels to update information related to User's Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit and debit cards, may involve agreements between User and the financial institution, credit card issuer, or another provider of User's chosen Payment Methods (the "Payment Method Provider"). If Kuyels does not receive payment from the User's Payment Method Provider, the User agrees to pay all amounts due upon demand from Kuyels directly. User's non-termination or continued use of the Paid Services reaffirms that Kuyels is authorized to charge User's Payment Method.
5.2. Automatic Renewal of Subscriptions.
When you buy a subscription with a credit or debit card (or another payment method that Kuyels or a social networking site involves an automatically renewing subscription), your subscription will keep going for the same length of time as you first chose (for example, a one-month subscription will renew every month) unless you cancel it as this Point 5.5 explains. Unless Kuyels tells you something different in any extra terms or emails to your registered email address, your subscription will renew at the same price as when you first bought it, plus any taxes, unless Kuyels tells you at least 10 days before the end of your current period that the price will go up. You agree that Kuyels can charge your payment method for the subscription fees, plus any taxes, every time your subscription renews. You also agree that your subscription will renew automatically, and you are responsible for all the charges to your credit or debit card (or other payment method) based on this automatic renewal feature without asking you again or telling you again unless the law says otherwise. You also agree that the amount of the charge may change if the tax rates change or if Kuyels tells you there will be an increase in the subscription fees.
5.3 Free Subscription
It is a 3-day free trial period. At the same time, you enjoy all the privileges offered by Primo, like spelling check, grammar check, punctuation check, misuse of words, synonym suggestion, sentence rephrasing, and plagiarism check.
5.4 Monthly Subscription
It is an automatic subscription to the Primo version, the payment of which is automatic each month until your subscription ends. At the same time, you enjoy all the privileges offered by Primo, like spelling check, grammar check, punctuation check, misuse of words, synonym suggestion, sentence rephrasing, and plagiarism check.
5.5 Annual subscription
It is an automatic subscription to the Primo version with automatic Payment each year until your subscription ends. In addition, you benefit from a discount of around 17%. At the same time, you enjoy all the privileges offered by Primo, like spelling check, grammar check, punctuation check, misuse of words, synonym suggestion, sentence rephrasing, and plagiarism check.
5.6 Cancellation of Subscription.
If you want to change or cancel your subscription, you can do it anytime by logging into your account and going to the "subscription" page. Then, choose "Unsubscribe or cancel. "If you cancel your subscription, you can still use your subscription benefits until the end of your current period, but your subscription will not continue after that. Unless the law says otherwise, you will not get a refund for any of the subscription fees you paid for the current period."
5.7 Current Billing Information Required.
User agrees to provide current, complete, and accurate billing information and agrees to promptly update all such information (such as changes in billing address, credit card number, or credit card expiration date) as necessary for processing all payments due to Kuyels. User agrees to promptly notify Kuyels if User's Payment Method is canceled (for example, due to loss or theft) or if User becomes aware of a potential breach of security related to User's Payment Method. Suppose User fails to provide any of the foregoing information. In that case, User acknowledges that User's current Payment Method may continue to be charged for Paid Services and that User will remain responsible for all such charges.
5.8 Authorized Amount Varied.
Kuyels will tell you the amount and date of the charge at least 10 days before charging you a different amount than what you agreed to pay when you bought any Paid Services (except for tax changes, like sales and use taxes, duties, or other government taxes or fees). If you don't cancel your Paid Services before the new price starts, you agree to pay the new price for the Paid Services. Kuyels may add up the charges you owe and charge you once or more times during or at the end of each billing cycle. Kuyels will let you know of any extra charges that are added up.
5.9 Payment Processors.
Ordering paid Services involves utilizing the secured server of a payment processing service provider ("PSP," e.g., Stripe, Apple Pay, Google Pay). Neither PSP nor any person or company related to PSP holds any ownership interest in the Services or Kuyels nor receives any financial benefit from the Services or Kuyels other than a fee paid by Kuyels to PSP for the services performed by PSP. Kuyels makes no representations and/or warranties and provides no assurances regarding the PSP, the PSP owner, or the quality, availability, legality, or description of the payment processing services offered. Kuyels expressly disclaims any warranties of merchantability, non-infringement, or fitness for a particular purpose concerning the PSP and/or the services offered thereon.
6.1 The Licensor is solely responsible for providing maintenance and support services for this Licensed Application. You may contact Licensor at the email address listed in the App Store or Play Store preview for this Licensed Application.
6.2 Kuyels and End User acknowledge that the Services have no obligation to furnish any maintenance and support services with respect to the Licensed Application.
The Licensed Application may invite you to chat, contribute, or participate in blogs, bulletin boards, online forums, and other features. It may provide you with the ability to create, submit, publish, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). Contributions may be viewed by other users of the Licensed Application and through third-party websites or applications. As such, any contributions you transmit may be processed as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Licensed Application in violation of the preceding License Agreement may result in, among other things, termination or suspension of your right to use the Licensed Application.
By posting your Contributions on any part of the Licensed Application or by rendering the Contributions accessible to the Licensed Application by linking your Licensed Application account to any of your social media accounts, you automatically grant, and you represent and warrant that you have the right to grant us an unlimited right, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid and worldwide, and a license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute any such Contributions (including, without limitation, your likeness and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of or incorporate into other works, such as Contributions, and grant and license sublicenses of the preceding. Use and distribution may occur in all media formats and channels.
This License will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership rights in your Contributions. You retain full ownership of all your Contributions and all intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in the contributions you provide in any area of the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and expressly agree to exonerate us from all liability and refrain from any legal action against us relating to your Contributions.
We have the right, in our sole and absolute discretion:
We have no obligation to monitor your Contributions.
Liability of the Licensor for breach of duty and tort is limited to intent and gross negligence. Only in the event of a breach of essential contractual obligations (cardinal obligations) is the Licensor also liable in the event of slight negligence. In all cases, liability is limited to foreseeable and contract-typical damage. The limitation mentioned above does not apply to life, limb, or health injury.
10.1 Licensor warrants that the Licensed Application is free from spyware, Trojan horses, viruses, or any other malicious software at the time of Your download. The Licensor warrants that the Licensed Application functions as described in the User Documentation will meet User's requirements. Any information obtained through or from the services will be accurate or reliable.
10.2 No warranty is provided for the licensed Application that is not executable on the device, which has been modified without authorization, manipulated in an inappropriate or culpable manner, combined or installed with inappropriate hardware or Software, or used with inappropriate accessories, whether by yourself or third parties or if other reasons outside the sphere of influence of Kuyels affect the executability of the Licensed Application.
10.3 You must inspect the Licensed Application immediately after installing it and notify Kuyels of any problems discovered without delay by email provided in Product Complaints. The defect report will be considered and further investigated if it was emailed within ten (10) days of discovery.
9.4 If we confirm that the Licensed Application is defective, Kuyels reserves the option to remedy the situation by resolving the defect or replacing the delivery. Service access will be uninterrupted, timely, secure, or error-free. Any user-provided information will not be disclosed to third parties, and any data or software errors will be corrected.
10.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the Service Store Operator, and you will be refunded the purchase price of your Licensed Application. To the maximum extent permitted by applicable law, the Service Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
10.6 If the User is an entrepreneur, any claims based on faults expire after a statutory limitation period of twelve (12) months after the licensed Application has been made available to the User. Legal limitation periods provided by law apply to users who are consumers.
Kuyels and End User acknowledge that Kuyels, and not the Services, is responsible for addressing any claim by End User or any third party relating to the Licensed Application or the possession and/or use by End User. End user of this License. Application including but not limited to:
The Kuyels Parties are not liable for any damages, whether direct or indirect, incidental, special, consequential, or exemplary, that arise from or relate to:
The Kuyels Parties are not accountable for any technical problems with any phone system, cell network, cable system, computer device, server, provider, or Software. The Kuyels Parties are not accountable for any harm or damage to User's computer or device caused by accessing or using the Services, such as viewing web pages, downloading or streaming files, using or accessing servers, or following links on the Services. User uses the Services at his/her own risk and is solely responsible for any loss, damage, or expenses that occur during such use. The Kuyels Parties are not accountable for any wrong or inaccurate content posted on or received from the Services, no matter what caused it. The Kuyels Parties are not accountable for any user's conduct on the Services. The Kuyels Parties are not accountable for any mistake, omission, interruption, deletion, flaw, delay, communication failure, theft, violation, damage, or change of User's communication. No data or information from the Kuyels Parties will create any warranty.
In any case related to the Services or the Agreement, the Kuyels Parties will not pay more than ten dollars ($10.00) to User or anyone else.
User is responsible for any access or use of third-party internet sites or pages that are connected to or from the Software or any goods or services from those sites or pages. User lets the Kuyels Parties off the hook for any harm User faces from accessing third-party internet sites or pages, and User promises not to sue the Kuyels Parties for any goods and services bought or obtained through the Services or third-party internet sites or pages.
Any damage caused by anyone not protecting User passwords or account information is not the Kuyels Parties' fault. The Kuyels Parties are not at fault for any failure or delay in doing what the Agreement says because of things they can't control, such as natural disasters, government actions, laws or rules, terrorism, labor problems, communication problems, hardware or software problems, transportation problems, or not being able to get materials or supplies. The Kuyels Parties are not at fault for any bad or wrong things User does with the Services, such as breaking someone else's copyright or other intellectual property rights. The Kuyels Parties are not at fault for whether any third-party vendors follow or don't follow any laws or rules.
You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist-supporting" country. You are not listed on any U.S. government list of prohibited or restricted parties.
User agrees that it will NOT do any of the following things with the Services:
For general inquiries, complaints, questions, or claims regarding the Licensed Application, please contact:
9 Shamrock Court
Appleton, Wisconsin 54914
United StatesS
admin@Kuyels.com
It is valid as long as Kuyels, or you do not end the License. If you do not follow the rules of this License, Kuyels can end your rights under this License without telling you. When the License ends, you must stop using the Licensed Application and get rid of all copies, full or partial, of the Licensed Application.
Kuyels represents and warrants that Kuyels will comply with applicable third-party terms of use when using the Licensed Application.
As third parties, Apple and Google and their subsidiaries can benefit from this End User License Agreement. When you agree to this End User License Agreement, Apple and Google can make you follow it as if they were part of it.
17.1 Links
User knows and agrees that the Services might have links to other websites and things on the Internet and that:
User agrees that Kuyels is not to blame, in any way, for any harm or loss that happens or is said to happen because of using or trusting any of that content, products, or services on or from any of those websites and things.
All rights and permissions not expressly granted herein are reserved by Kuyels.
Kuyels and End User agree that if anyone else says that the Licensed Application or End User having and using it breaks their rights to their own work or ideas, Kuyels, not the Services, will deal with it and pay for any costs or damages. As long as this Agreement lasts, and only if Kuyels says so in writing, Kuyels lets User use the Services not-for-money reasons, but only if User follows all the rules of this Agreement. This is just a limited permission to use the Services and not a way of giving, selling, or moving the Services or any rights to the Services or anything related to them, like patents, copyrights, trade secrets, moral rights, trademarks, know-how, or any other rights or things that are protected by any laws, rules, or agreements, anywhere in the world ("Intellectual Property Rights") that belong to Kuyels or the people who let Kuyels use them. Any rights that are not clearly given by this part are kept by Kuyels, and when this Agreement ends, all the permissions to use the Services end too.
User gives Kuyels permission to use the Submissions for anything, forever, anywhere in the world, without paying User anything or asking for User's approval. Kuyels can share, move, or change this permission as it wants. Kuyels can use the Submissions to improve its own technology or its partners' technology, give User better Services, and make the Output. This permission also covers any rights to the Submissions or anything related to them, like patents, copyrights, trademarks, etc. This permission does not end, even if this Agreement does.
User will own everything about the Output, like rights, title, and interest, and any rights to the Output or anything related to it, like patents, copyrights, trademarks, etc., as much as the law allows. User lets Kuyels use the Output for anything, forever, anywhere in the world, without paying User anything or asking for User's approval. Kuyels can share, move, or change this permission as it wants. Kuyels can use, keep, copy, show, change, and make new things from the Output, and any rights to the Output or anything related to it, and any other rights needed to do anything with the Output for the Services or for Kuyels's business.
This license agreement is governed by the laws of the State of Wisconsin, excluding its conflict of law rules.
19.1 Controlling Law and Jurisdiction.
The laws of Wisconsin and the United Statess of America will decide how to understand this Agreement, no matter what other laws say. User and Kuyels agree to let the state and federal courts in Outagamie County, Wisconsin, handle any cases about someone breaking, stealing, or using without permission someone else's rights to their own work, name, or ideas, or User not paying what they owe for this Agreement.
19.2 Negotiations
User and Kuyels agree that if they have any disagreement about anything except someone breaking, stealing, or using without permission someone else's rights to their own work, name, or ideas, they will try to work it out by talking, for at least thirty (30) days, before they start any arbitration or go to court.
19.3 Other parties
User understands that Kuyels is a company that wants to protect its officers and employees from being personally responsible for anything bad that happens. User promises that it will not sue Kuyels's officers or employees for any losses. User has because of the Services. User also agrees that the rules in this Agreement about what Kuyels does and does not guarantee and what Kuyels is and is not responsible for will apply to Kuyels's officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Kuyels itself.
19.4 Binding Arbitration
User and Kuyels agree that any problems they have with the Services (except those problems about someone breaking, stealing, or using without permission someone else's rights to their own work, name, or ideas, or User not paying what they owe for the Services) will be settled by arbitration that both sides have to follow. If one side chooses arbitration, the other side has to agree. User knows that if there is arbitration, neither side can go to court or have a jury decide. The arbitration will follow the rules of the American Arbitration Association ("AAA") and, if needed, the extra rules for consumers that the AAA has. User can find these rules on the AAA website. Both sides will write their arguments in no more than 10 pages and the arbitration will last no more than two (2) days. The arbitrator has to use Wisconsin law, and anyone can question the result if the arbitrator does not. The arbitration will happen in Appleton, Wisconsin, unless both sides agree on somewhere else. User will pay for the arbitration and the arbitrator according to the AAA rules, but the AAA rules for consumers may lower the cost. Suppose User asks for less than $10,000 in damages. In that case, Kuyels will pay for User's part of the arbitration unless the arbitrator thinks that User's claim or what User wants is silly or wrong according to the Federal Rule of Civil Procedure. The arbitration can be done in person, by sending documents, by phone, or online. The arbitrator will write the decision. Both sides can still go to court to make the other side do the arbitration, to wait for the arbitration, or to agree with, change, cancel, or enforce the arbitrator's decision.
19.5 WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER
User and Kuyels agree that arbitration will only deal with their problems. User knows and agrees that User and Kuyels are both giving up the right to be part of a group that sues or is sued by someone else. The arbitrator can't put together or join the claims of more than one User or Party and can't handle any kind of group case.
20.1 Waiver; Remedies Cumulative. As much as the law allows:
20.3 Entire Agreement and Modification.
This Agreement is the only and final Agreement between the Parties about the Services and replaces any other talks, promises, statements, or understandings, spoken or written, between the Parties about the Services. This Agreement can be changed if Kuyels and User write and agree to it.
20.4 Severability.
If any court says that any part of this Agreement is invalid or can't be enforced, the rest of the Agreement will still work. If any part of this Agreement is invalid or can't be enforced only partly or sometimes, it will work as much as possible.
20.5 Remedies.
Kuyels gives User some special, unique, and smart rights that are very valuable, and losing them can't be fixed by paying money in a lawsuit. User also knows that while using the Services, User might see some of Kuyels's secret information, like code and other stuff. So, if User breaks the rules of this Agreement about Kuyels's secret rights, Kuyels will be hurt very badly and can ask for a court order or other fair help without paying any money or giving any guarantee. Getting fair help won't mean that Kuyels gives up any other rights in law or fairness. User agrees that if Kuyels breaks this Agreement, User can only ask for money in a lawsuit, and User can't end or cancel this Agreement or stop or limit Kuyels's use or making money from the Submissions.
20.6 Assignment
Kuyels can give or pass on any of its rights or duties under this Agreement to anyone or anything at any time without User saying yes. User can't give or pass on any of its rights or duties under this Agreement to anyone or anything without Kuyels writing and saying yes first. Except for the last sentence, this Agreement will work for, bind, and help the parties, their successors, and allowed assigns. Nothing in this Agreement will mean that anyone other than the Party to this Agreement has any legal or fair right, remedy, or claim because of this Agreement or any part of it, except the rights that go to a successor or allowed assignee because of this Section.
